Shila Devi @ Sheela Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42394 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- SACHIVALAYA District- Patna ====================================================== 1.
Shila Devi @ Sheela Devi S/o Ganesh Bind Resident of Behind Haj Bhawan, Road No 16 Jhoparpatti, P.S.- Sachivalay, Distric- patna 2.
Satyendra Kumar@Satendra Kumar S/o Ganesh Bind Resident of Behind Haj Bhawan, Road No 16 Jhoparpatti, P.S.- Sachivalay, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. Learned Counsel for the petitioners submits that petitioner No.2 has been arrested, therefore, he is not pressing the bail application of petitioner No.2.
3. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehend his arrest in connection with Sachivalay P.S. Case No.06 of 2025 lodged on 04.01.2025, for the offences punishable under Sections 126(2), 115(2), 109, 352 and 3(5) of
Patna High Court CR. MISC. No.42394 of 2025(2) dt.09-07-2025 2/3 the B.N.S., 2023.
4. As per the prosecution, FIR has been lodged against three named accused persons including the petitioners with allegation that the petitioners along with two others have assaulted the maternal aunt of the informant by iron rod due to which injury has been caused on the head.
5. Learned Counsel for the petitioner No.1 submits that the petitioner No.1 is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in the present case. He further submits that petitioner No.1 and informant's side are resident of same village and they are well known to each other. During scuffling, injury has been caused from both the sides.
6. Counsel further submits that the criminal antecedent of the petitioner No.1 is clean and she is a lady aged about 50 years.
7. Counsel further submits that for the same date and place of occurrence, there is case and counter-case lodged from both the sides. The informant has lodged case i.e., Sachivalay P.S. Case No.06 of 2025 (present case) and the petitioner has lodged case i.e., Sachivalay P.S. Case No.05 of 2025.
8. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.42394 of 2025(2) dt.09-07-2025 3/3 bail and submits that allegation has been made against the petitioner No.1 in the FIR.
9. As such, in the present facts and circumstances of this case, let the above named petitioner No.1 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Addl. Chief Judicial Magistrate-II, Patna, in connection with Sachivalaya P.S. Case No.06 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T